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Amend HB 2425 on third reading by adding the following
appropriately numbered sections to read as follows and renumbering
subsequent sections accordingly:
SECTION __. Section 151.318, Tax Code, is amended by
amending Subsections (b) and (s) and adding Subsection (q-1) to
read as follows:
(b) The exemption includes:
(1) chemicals, catalysts, and other materials that are
used during a manufacturing, processing, or fabrication operation
to produce or induce a chemical or physical change, to remove
impurities, or to make the product more marketable; [and]
(2) semiconductor fabrication cleanrooms and
equipment; and
(3) pharmaceutical biotechnology cleanrooms and
equipment.
(q-1) For purposes of Subsection (b), "pharmaceutical
biotechnology cleanrooms and equipment" means all tangible
personal property, without regard to whether the property is
affixed to or incorporated into realty, used in connection with the
manufacturing, processing, or fabrication in a cleanroom
environment of a pharmaceutical biotechnology product, without
regard to whether the property is actually contained in the
cleanroom environment. The term includes integrated systems,
fixtures, and piping, all property necessary or adapted to reduce
contamination or to control airflow, temperature, humidity,
chemical purity, or other environmental conditions or
manufacturing tolerances, and production equipment and machinery.
The term does not include the building or a permanent, nonremovable
component of the building that houses the cleanroom environment.
The term includes moveable cleanroom partitions and cleanroom
lighting. "Pharmaceutical biotechnology cleanrooms and equipment"
are not "intraplant transportation equipment" as that term is used
in Subsection (c)(1).
(s) The following do not apply to the semiconductor
fabrication cleanrooms and equipment in Subsection (q) or the
pharmaceutical biotechnology cleanrooms and equipment in
Subsection (q-1):
(1) limitations in Subsection (a)(2) that refer to
tangible personal property directly causing chemical and physical
changes to the product being manufactured, processed, or fabricated
for ultimate sale;
(2) Subsection (c)(1); and
(3) Subsection (c)(4).
SECTION __. Section 151.3181, Tax Code, is amended by adding
Subsection (h) to read as follows:
(h) The use of a "pharmaceutical biotechnology cleanroom
and equipment," as that term is defined by Section 151.318(q-1), to
manufacture, process, or fabricate a pharmaceutical biotechnology
product that is not sold is not a divergent use if the use occurs
during the certification process by the United States Food and Drug
Administration.
SECTION __. Section 313.021(2), Tax Code, is amended to read
as follows:
(2) "Qualified property" means:
(A) land:
(i) that is located in an area designated as
a reinvestment zone under Chapter 311 or 312 or as an enterprise
zone under Chapter 2303, Government Code;
(ii) on which a person proposes to
construct a new building or erect or affix a new improvement that
does not exist before the date the owner applies for a limitation on
appraised value under this subchapter;
(iii) that is not subject to a tax abatement
agreement entered into by a school district under Chapter 312; and
(iv) on which, in connection with the new
building or new improvement described by Subparagraph (ii), the
owner of the land proposes to:
(a) make a qualified investment in an
amount equal to at least the minimum amount required by Section
313.023; and
(b) create at least 25 new jobs;
(B) the new building or other new improvement
described by Paragraph (A)(ii); and
(C) tangible personal property that:
(i) is not subject to a tax abatement
agreement entered into by a school district under Chapter 312; and
(ii) except for new equipment described in
Section 151.318(q) or (q-1), is first placed in service in the new
building or in or on the new improvement described by Paragraph
(A)(ii), or on the land on which that new building or new
improvement is located, if the personal property is ancillary and
necessary to the business conducted in that new building or in or on
that new improvement.